Explained: NCAA DI Board Approves Name, Image And Likeness Policy

Photo: Courtesy of Vanderbilt Athletics / Daniel Dubois

The NCAA Division I Board has voted on and approved a policy that allows student-athletes to make money off of their name, image and likeness (NIL) beginning July 1.

In the past, student-athletes could be punished, suspended, or even have their awards and accolades taken away for profiting off of signing autographs or selling items that represent them and their names.

“This is an important day for college athletes since they all are now able to take advantage of name, image and likeness opportunities,” says NCAA President Mark Emmert in an official statement. “With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level. The current environment — both legal and legislative — prevents us from providing a more permanent solution and the level of detail student-athletes deserve.”

Now that this is in effect, what does the new policy mean and what can student-athletes make a profit from?

The NCAA laid out guidelines for schools and student-athletes to adopt in order to ensure that student-athletes and schools don’t overstep this new policy or prevent student-athletes from exercising this new financial freedom.

Here are the guidelines the NCAA has provided for the interim policy:

  • Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
  • College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
  • Individuals can use a professional services provider for NIL activities.
  • Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

The schools cannot pay the athletes, nor can a donor offer money or gifts to entice a recruit to come to their perspective school. That is still an illegal practice and can come at a high cost for schools and athletes alike. Rather. student-athletes can now charge for autographs, sign endorsement deals, and sponsor local or national companies. Essentially, the new policy states that schools cannot pay anyone, and the student-athlete must receive money for their success from a third-party.

“Today, NCAA members voted to allow college athletes to benefit from name, image and likeness opportunities, no matter where their school is located,” says Division I Board of Directors Chair Denise Trauth, president at Texas State. “With this interim solution in place, we will continue to work with Congress to adopt federal legislation to support student-athletes.”

All of this came after a historic, unanimous ruling by the Supreme Court of the United States that said that the NCAA could not put limits or caps on educational-related expenses for student-athletes, such as computers, internships and more. Interestingly, multiple states like Georgia and Florida had already passed laws that would make it legal for student-athletes to profit off of their names and image.

 

 

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Since the announcement, some student-athletes have already began their sponsorship careers. Auburn University quarterback Bo Nix posted on his Instagram about his new sponsorship with Milo’s Sweet Tea. Additionally, Wisconsin quarterback Graham Mertz has announced that he was creating a trademark for his own personal brand prior to the NCAA Board’s official decision.

The new NIL policy is currently only an interim one with more changes to be expected as the NCAA continues down this new, uncharted path. Individual schools and conferences will also be allowed to create their own policies for their student-athletes.

Steven Boero